Lawyer Assa Nyakundi is very sick and cannot stand trial at the moment in a court of law, his defense counsel Samson Nyaberi has told the court.
Lead investigations officer Godfrey Munene had moved to court seeking detention orders. Mr Nyakundi is now likely to face murder charges over fatal shooting of his son Joseph Nyakundi.
But according to Nyaberi, Mr Nyakundi's health keeps on deteriorating and due to the condition, he shouldn't be compelled to appear before the court.
“My client is unwell as his condition keeps on fluctuating,” Mr Nyaberi said. “His blood pressure is high and he needs to be in the hospital, but I am willing to go with the police to the hospital ward if they want to so that they can record a statement from my client,” he said.
Detectives however conceded that the 60-year-old lawyer could not walk out of hospital due to his condition. Mr Munene was however asked by Makadara Magistrate Angelo Kithinji to have him presented before the court within ten days.
“Your honour, I visited the suspect at the Nairobi Hospital and I can confirm that he is still sick, and I will need more time to see if I can record his statement,” Mr Munene told the court.
“The court cannot give orders for detention in the absence of the suspect. He needs to be served with the application so that he is made aware of it,” the magistrate ruled.
Joseph, who Nyakundi claims he shot accidentally, was laid to rest at Lang'ata cemetery contrary to popular consensus by his kin in Gusii to have him buried at the ancestral home in Ikuruma village.